| Case ID |
3ac013f0-7baf-4080-82ec-101bdf2a2802 |
| Body |
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| Case Number |
Cr. Bail Application No. 1139 of 2014 |
| Decision Date |
Aug 12, 2014 |
| Hearing Date |
Aug 08, 2014 |
| Decision |
The court granted bail to the applicant, Akhtar Ali Ghowada, on the grounds of insufficient evidence to establish a prima facie case against him. The prosecution failed to recover any items belonging to the complainant from the accused, and the identification of the accused was not sufficiently supported by the evidence presented. The delay in lodging the FIR and the lack of mention of the applicant's name in the FIR were significant factors in the court's decision. The court emphasized that the evidence provided through CCTV footage must be evaluated in detail during the trial but could not solely justify the denial of bail at this stage. Therefore, bail was allowed subject to the applicant furnishing a surety of Rs. 100,000. |
| Summary |
This case revolves around the bail application of Akhtar Ali Ghowada, accused of dacoity under sections 392 and 34 of the Penal Code. The complainant reported a robbery at his godown, where the accused were allegedly involved. However, key issues arose regarding the identification of the accused and the delay in filing the FIR. The court noted that the prosecution had not established a strong enough case for the serious charges. The lack of evidence, such as eyewitness identification and recovery of stolen items, raised reasonable doubt about the applicant's guilt. The court's decision to grant bail reflects the legal principle that bail should not be denied solely based on the seriousness of the offense, especially when there are grounds to believe that the accused is not guilty. This case highlights the importance of due process and the rights of the accused in criminal proceedings, ensuring that the legal standards for evidence and identification are upheld. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NAIMATULLAH PHULPOTO, J
|
| Lawyers |
Shamsher Abbass,
Muhammad Iqbal Awan
|
| Petitioners |
Akhtar Ali Ghowada
|
| Respondents |
The STATE
|
| Citations |
2015 SLD 3125,
2015 MLD 1661
|
| Other Citations |
Irshad Ahmad Shahid v. The State 1998 PCr.LJ 1990,
Walayat v. The State PLD 2008 Lahore 470,
Mahmood v. The State 1986 PCr.LJ 714,
Adeel-ur-Rehman v. The State 2004 YLR 1105
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
497(2),
392,
164
|